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A87638 An examination of the observations upon His Majesties answers. Wherein the absurdities of the observators positions, and inferences are discovered. Jones, John, 17th cent. 1643 (1643) Wing J968; Thomason E65_7; ESTC R23238 15,689 26

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same language Omnis quidem sub eo ipse sub nullo nisi tantùm deo Omnis not singuls to take off your singùlis maior universis minor and tantùm sub deo spoken negatively to exclude this eclipse this interposition of the people But of this sufficiently already is spoken It cannot be objected to the Martyrs of the first age that they could not resist the torture they were at the least seemingly willing to undergo Tertullian in his Apologie telleth the Emperour the Christians were more in number and stronger and able to defend themselves his Scholar Cyprian is of the same Language Quamvis nimins copiosus noster populus non tamen adversus violentiam se ulciscitur Lactantius confirmeth him lib. 5. and August in many places of his De Civitate Dei Of all other the passage between the Thebean Legion is most considerable and the Emperour Maximian they consisted of 6666 Souldiers the Emperour sent unto them upon pain of death to commit formall idolatrie they refused to obey his command they were able enough to resist him and his power they knew and confessed it they laid their heads to the blocke and lifted no hand against him his command was injust was impious by natures dictates they were to conserve themselves yet they relinquished nature yielded to die Let us compare Hothams action to this primitive passage the King would have entred the gates of Hull a Town within his Dominion Hotham being within the Kings alleageance shut the gates against him resisting his entrance with armed men Hotham conceived his entrance would put his life in jeopardie and the Kingdomes safetie endangered he conceived it probably not inevitably to follow thereupon suppose the ruine of both had inevitably ensued yet it is not so farre prest The Thebean example doth not warrant the resistance they obeyed to the losse of life this desire to enter the Town came from the Cavaliers and ill Councellours not from the King himselfe Caesars taxation was by his ministers assessed collected and probably invented Maximians servants brought the command to the Thebean Legion to commit idolatrie they brought the punishment and executed it and it was very probable they were the authours of both yet no resistance made against the Emperours command though delivered by his ministers yet our King in person and vivâ voce demanded entrance and was resisted and resistance of the Kings authoritie is to resist the King as was declared by this present Parliament upon the Earle of Strafford triall you will object the Emperour had a more absolute Dominion than our King hath over his Subjects persons and estates I confesse it the Emperours power was in most things illimited the Kings limited by our municipall Lawes obliged by a solemne Oath to keep them and if he commandeth any thing opposite to these Lawes we are not bound to obey this command but we are not warranted by this Law to resist the King with force of Armes if other Christians made a conscience actually to resist their Kings command even in things contrary to the Law of Nature and the divine Law and those that concerned salvation and can the conscience of our Christianitie allow us to raise Armes to resist the Kings commands supposed by inferences to prove destructive to our positive Lawes Our Law doth not warrant us and if it did there is no warrant for that Law given by the supreme Law-giver But this resistance is approved by Parliament by Parliament is meant by you the representative Bodie of the Lords and Commons assembled by the Kings Authoritie I denie this to be Parliament by the Constitution of this Kingdom without the concurrence of the King and if it were I deny that the greater part is conscious of this resistance and if the greater part were I deny an infallibilitie tied to them and if they were infallible I deny that they alone without the King are competent Judges makers and declarers of Law if they were then they should be both parties and Judges and disposers of that which belongeth to the King jure personae without his consent himselfe being neither there in person nor represented by them or any of them an opinion dissonant to reason or conscience and the institution of nature for the Members to raise Armes against the Head Aesop giveth us an example and the effect of such War and hereupon we will digresse a little to examine the definition and properties given by your Observations to the Parliament which you define pag. 5. to be the essence of the Kingdom that 's false for a thing cannot be separated from its essence the Kingdom and Parliament can A thing hath no being when the essence is destroyed the Kingdom hath its being when the Parliament is suppressed dissolved or not in rerum natura as in the vacancie of a Parliament the same numericall qualities that inhere in the Parliament do not inhere in the Kingdom and so è eontra the Parliament may be sicke at the time the Kingdom is well the Parliament may erre when the Kingdom doth not in the same manner that generall Councels the representative Bodie of the militant Church may erre when the Church generall doth not This representative Bodie is a select number of men intrusted for a greater with a large Commission to treat and conclude for the trusters good the trusters are men and subject to ercour unlesse a supernaturall assistant spirit of infallibilitie is necessarily pinned to their sleeves that they are remoter than ordinary Courts from erring I allow you but not absolutely free from it as you averre pag. 8. The praises you give to Parliaments swell up most of your Observations and much are I confesse deservedly attributed For mine own part as I was borne under the English Government so I conceive it without affectation the exquisitest I know of and in these the Parliament shineth above other Constitutions ut inter ignes Luna minores Let a Parliament run within its own channell if it breake the bankes it overwhelmes it destroyeth publique Libertie and looseth its being and the end for which it was instituted I love the fundamentall Libertie of this Kingdom as well as the Observatour doth but without dotage as the Observator professeth to love monarchicall Government pag. 41. Parliaments have done wrong witnesseth the deposall of Richard the Second therefore it is good Logicke to say they may do wrong But you say they were forced by Henry the Fourth his victorious Armie p. 32. I say so too then they may be forced and force we know are of severall nature I pray God the present be not conscious of it I leave to the effect ofevery Parliament to elogize it selfe Parliaments are of a soveraigne good but as in naturall so in politickes I believe Corruptio optimi est pessima and so much for Parliaments We shall now reflect upon the next member of our division that falleth next in order to be discussed that this Supremacie